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(영문) 청주지방법원 2015.11.24 2015고단1709
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 18, 2012, the defendant was sentenced to three years and six months in Seoul High Court to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), to the victim C, to the crime of fraud, to the victim D, and to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the victim D on December 7, 2012, and the judgment became final and conclusive on April 24, 2014.

On June 24, 2011, the Defendant brought the Victim G in Ftel located in the Northern-gu Incheon Metropolitan City, “A gold box with the market price of 20 billion won equivalent to 3.0 billion won is imposed at the regional customs office of gold Incheon, and paid the tax of 1.5 billion won equivalent to 5.0 billion won, and the remaining KRW 1.5 billion out of 1.5 billion was prepared, but there is a difference between 1.5 billion won and 1.5 billion won. If the Defendant pays the tax and moves the gold leader to a hotel located in Samsung-dong, he is waiting to bring about 2.0 billion won. It is sufficient and 2.3 hours after 30,000,000 won will immediately return the gold box.”

However, at the time, the Defendant had economic difficulties, such as bearing a debt of KRW 2 billion to H, and the Defendant did not have any intent or ability to complete the payment, even if he borrowed money from others because it is difficult to bring the gold box into the Incheon Customs Office.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 65,00,000 from the victim to the national bank account of H around June 24, 2011, and received KRW 50,000,000 from the victim around June 25, 2011, and KRW 15,005,700 from the victim around June 27, 201, and received KRW 130,005,70 in total as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Statement of deposit transaction records;

1. Previouss before ruling: Criminal history records (A), each disposition pre-determination and results confirmation report, and the application of Acts and subordinate statutes; and

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